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The Latest Breaking News from Bonta

Court Kills California's One-Gun-a-Month Law

There’s no historical precedent for trying to ration constitutionally protected rights.

Reason

Trump Admin Grants ICE Access To 79 Million Medicaid Records — California AG Rob Bonta Calls It 'Unprecedented' Privacy Breach

The Trump administration will give Immigration and Customs Enforcement access to the personal data of nearly 79 million Medicaid enrollees, a trove that includes names, addresses, birth dates, race and ethnicity, and Social Security numbers, according to an agreement obtained by The Associated Press.

Benzinga

California General Ban on Nonresidents' Getting Concealed Carry Licenses Violates Second Amendment

From today's Hoffman v. Bonta, decided by Judge Cathy Ann Bencivengo (S.D. Cal.): The sole issue in this case is… The post California General Ban on Nonresidents' Getting Concealed Carry Licenses Violates Second Amendment appeared first on Reason.com.

Reason

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Ninth Circuit Strikes Down California "One-Gun-a-Month" Law

From today's opinion in Nguyen v. Bonta, written by Judge Danielle Forrest and joined by Judges John Owens and Bridget… The post Ninth Circuit Strikes Down California "One-Gun-a-Month" Law appeared first on Reason.com.

Reason

The History of Bans on Types of Arms Before 1900

Restrictions on carry, minors, and misuse were the norm -- not bans

Reason

No Second Amendment or Privacy Right Problem with California Laws Disclosing Firearms Purchaser Information to Certain Researchers

From today's decision in Doe v. Bonta, written by Judge Mary Schroeder and joined by Judges Patrick Bumatay and Salvandor Mendoza: California's DOJ maintains two databases relevant to this case. The first database relates to purchasers of firearms and applicants for CCWs. It is called the Automated Firearm System ["AFS"].…

Reason

This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'

Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use.

Reason

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Ninth Circuit Denies Rehearing En Banc of Panel Decision Holding Gun Ads Restriction Is Likely Unconstitutional

The order came down today; it noted that no judge called for a vote on the en banc rehearing petition. Here's my post on the panel decision, from September. [* * *] California Restriction on Gun Ads That "Reasonably Appear[] to Be Attractive to Minors" Likely Unconstitutional From Junior Sports…

Reason

Gavin Newsom Defies the Supreme Court's 'Very Bad Ruling' on the Right To Bear Arms

California made carry permits easier to obtain but nearly impossible to use.

Reason

9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones

The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.

Reason

Requiring Web Sites to Post and Report Terms of Service Doesn't Violate First Amendment

So holds Judge William Shubb (E.D. Cal.) in X Corp. v. Bonta: AB 587 requires that social media companies post their terms of service "in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service." The law…

Reason

California Defies SCOTUS by Imposing Myriad New Restrictions on Public Gun Possession

By banning firearms from a long list of "sensitive places," the state is copying a policy that federal judges have repeatedly rejected.

Reason

California Restriction on Gun Ads That "Reasonably Appear[] to Be Attractive to Minors" Likely Unconstitutional

From Junior Sports Magazines, Inc. v. Bonta, decided today by Ninth Circuit Judge Kenneth Lee, joined by Judges Randy Smith and Lawrence VanDyke: This case is not about whether children can buy firearms. (They cannot under California law.) Nor is this case about whether minors can legally use firearms. (California…

Reason

Second Amendment Roundup: An Opening Judicial Salvo in Defense of Illinois' New Rifle Ban

[From the editor: I'm delighted to report that Stephen Halbrook will have a new column here on the blog, Second Amendment Roundup, which will offer a technical focus on recent Second Amendment cases. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v.…

Reason

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Reason

Should Courts Appoint Historians as Experts in Second Amendment Cases?

Courts, not “experts,” should say what the law is.

Reason

"Plain Text"

When the Second Amendment's plain text covers conduct, it is presumptively protected.

Reason

Stephen Halbrook Guest-Blogging on Second Amendment Law

I'm delighted to report that Stephen Halbrook will be guest-blogging this week on Second Amendment law. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v. United States (the anti-commandeering case) in the Supreme Court, as well as Castillo v. United States and…

Reason

Challenge to California Fee-Shifting Statute That Targets Gun Lawsuit Plaintiffs (and Lawyers) Can Proceed

The case is not rendered moot or unripe, the court says, by the California AG's "commitment not to seek attorney's fees or costs under this provision 'unless and until a court ultimately holds that the fee-shifting provision in [a similar Texas law provision related to abortion] is constitutional and enforceable....'"

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Reason

Ninth Circuit Strikes Down Restriction on Gun Purchases by 18-to-20-Year-Olds

From Judge Ryan Nelson's opinion this morning in Jones v. Bonta, joined by Judge Kenneth Lee and in part (only as to the upholding of the hunting license requirement) by District Judge Sidney Stein (S.D.N.Y.): California has restricted the sale of most firearms to anyone under 21. Plaintiffs challenged the…

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